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(영문) 의정부지방법원 2018.10.25 2018고단3491
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2017, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Seoul Eastern District Court for fraud, and the said judgment becomes final and conclusive on the 21st of the same month.

1. No resident registration number of any third person who violates the Resident Registration Act shall be used unlawfully;

On January 5, 2014, the Defendant received medical treatment from a member of the C Council in Gui-si B, and received medical treatment using D’s resident registration number, and used the above D’s resident registration number more than 90 times in total, as shown in the list of crimes in the attached crime, from around that time to July 10, 2017.

Accordingly, the defendant used another person's resident registration number illegally over 90 times.

2. On January 5, 2014, the Defendant: (a) committed the act of having an employee under his/her name as if the Defendant was D; (b) received medical treatment in the name of D; (c) had the National Health Insurance Corporation pay KRW 9,580,00,000, excluding the principal’s share, among the medical expenses; and (d) around that time to July 10, 2017, the Defendant received medical treatment in the name of D over 90 times in total as shown in the list of crimes in the attached Table; or (b) had the victim paid KRW 1,254,390 to the medical institution and the pharmacy.

Accordingly, the defendant, by deceiving the victim, acquired the above 1,254,390 pecuniary benefits.

3. No person who violates the National Health Insurance Act shall receive benefits for national health insurance by fraud or other improper means;

On January 5, 2014, the Defendant received insurance benefits equivalent to KRW 1,254,390,00 from around 20 to July 10, 2017, by committing the act as if the Defendant was a member of the above C Council and receiving medical treatment in the name of D, and receiving KRW 9,580,000, excluding the principal’s share, among the medical expenses, as the National Health Insurance Corporation.

The defendant is thereby false or other.

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